Incapacity is the Important Issue for Most of Us

Many practitioners push estate planning as an immediate need for most people. No doubt, estate planning is important.

But, in my experience a more important need is to address for ourselves and our family the possibility of our incapacity. Thus, planning for incapacity needs to be a part of, and dovetail with, the estate planning. 

Dealing with incapacity is an area where absent planning the default result is likely a court-managed guardianship — costly, time-consuming, extremely inflexible and frustrating. Failure to put into place planning for incapacity, candidly, also will at some later point significantly increase a family’s payments to lawyers.

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